NADEL welcomes decision by the DPP (WC) and says that it is an example of how institutions of democracy in South Africa are keeping true to the Constitution

1 April 2016

The National Association of Democratic Lawyers (NADEL) welcomes the decision today (30 March 2016) by the DPP in the Western Cape, Mr. Rodney De Kock, to withdraw all charges against 29 students who were arrested and charged while protesting outside Parliament in support of the #feesmustfall campaign on 21 October 2015 .

NADEL members in the Western Cape rendered legal services on a probono basis to 23 students from UCT and CPUT that were arrested and charged with public violence and contravention of the Regulation of Gatherings Act. Six of the students were also additionally charged with trespassing and were represented by their own private attorneys.

In their representations to the DPP for the withdrawal of the charges, NADEL lawyers argued that the students had engaged in popular peaceful protest in solidarity with a cause that is far greater than each of them individually i.e. #feesmustfall. The students had responded to the clarion call in the Freedom Charter to "open the doors of learning and culture". They were protesting peacefully and there was universal support for the withdrawal of the charges from all sectors, including civil society, labour, business and importantly UCT.

The decision to withdraw the charges on the basis that it was not in the public interest is a victory for democracy and demonstrates the independence of the prosecuting authority and the commitment of the DPP to the values and precepts of the constitution.

We commend the prosecuting authority for recognizing the right to protest enshrined in our constitution and the fact that the students had protested peacefully and there was no violence or damaged caused to property during these protests outside of Parliament.

NADEL understands that the #feesmustfall campaign is located within the broader socio-economic context and the challenges of exorbitant student fees, which deny thousands of young people opportunities and a better quality of life, and commits itself to intervene and

participate in developing programmes that will help the students, universities and government to find a meaningful solution to these challenges.

Issued of behalf of the National Association of Democratic Lawyers (NADEL), South Africa.